View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1513-0051
ICR Reference No:
202008-1513-006
Status:
Historical Active
Previous ICR Reference No:
201705-1513-003
Agency/Subagency:
TREAS/TTB
Agency Tracking No:
ICN 79 - 3/3
Title:
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
12/08/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/28/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2023
36 Months From Approved
12/31/2020
Responses
240
0
251
Time Burden (Hours)
355
0
377
Cost Burden (Dollars)
340
0
0
Abstract:
Under the authority of the Internal Revenue Code at 26 U.S.C. 5181(a)(1), persons wishing to establish a distilled spirits plant for the sole purpose of producing and receiving distilled spirits for fuel use must provide an application and bond as the Secretary of the Treasury may prescribe by regulation. Under this authority, TTB has issued regulations concerning the establishment of such alcohol fuel plants (AFPs) in 27 CFR part 19, subpart X. Those regulations require that a person wishing to establish a new AFP must submit an application for an alcohol fuel producer permit using form TTB F 5110.74. The regulations also require existing AFP proprietors to use that same form to make certain amendments to their permit information. TTB F 5110.74 and its required supporting documents identify or describe, among other things, the applicant, the proposed AFP’s location and layout, its stills, its size category (small, medium, or large) based on the amount of alcohol fuel to be produced annually, and the security measures to be taken to prevent theft and diversion of the distilled spirits produced. The collected information allows TTB to determine the applicant's eligibility under the IRC to obtain or modify an alcohol fuel producer permit, and to determine whether the applicant's AFP operations will conform to Federal law and regulations. Such determinations are necessary to protect the revenue as distilled spirits produced at an AFP are potable and thus subject to Federal excise tax until denatured for fuel use. Once distilled spirits are denatured at an AFP, the resulting alcohol fuel may be withdrawn free of tax as authorized by the IRC at 26 U.S.C. 5214(a)(12).
Authorizing Statute(s):
US Code:
26 USC 5001, 5178, 5179, 5181, & 5214
Name of Law: Internal Revenue Code
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
85 FR 46221
07/31/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 68413
10/28/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181 [Individuals]
None, TTB F 5110.74, None
Permits Online (PONL) - Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Permits Online (PONL) - Amended Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181 [Private Sector]
None, None, TTB F 5110.74
Permits Online (PONL) - Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Permits Online (PONL) - Amended Application for Alcohol Fuel Plant (Small, Medium, or Large)
,
Application for an Alcohol Fuel Producer Permit Under 26 U.S.C. 5181
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
240
251
0
0
-11
0
Annual Time Burden (Hours)
355
377
0
0
-22
0
Annual Cost Burden (Dollars)
340
0
0
0
340
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
There are no program changes associated with this information collection. As for adjustments, due to changes in agency estimates, TTB is decreasing this collection’s estimated number of annual respondents and responses from 251 to 240, its per-response burden from 1.5 hours to 1.479 hours, and its total burden from 377 hours to 355 hours. These decreases are due to a drop in the number of alcohol fuel producer permit applications TTB has received in recent years, and a more accurate accounting of the per-response burden difference between PONL applications (1.3 hours) and paper applications (1.8 hours). The number of annual responses per respondent (one) remains the same as previously reported. TTB also is now accounting for the mailing costs associated with this collection.
Annual Cost to Federal Government:
$32,388
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Christopher Forster-Smith 202 453-1039 ext. 150 christopher.forster-smith@ttb.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
10/28/2020
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